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VIPUL M. PANCHOLI, ALOK KUMAR PANDEY
Sudisht Rai @ Sudist Ray – Appellant
Versus
State of Bihar – Respondent
ORDER
Vipul M. Pancholi, J. – The present petition has been listed before us pursuant to the administrative order passed by Hon’ble the Acting Chief Justice. The learned Single Judge framed three issues while not agreeing with the view taken by another learned Single Judge and thereafter observed that the records be placed before Hon’ble the Acting Chief Justice for appropriate orders.
2. The learned Single Judge has referred the present matter to a Division Bench for answering the following issues: –
“(i) Whether the sub-clause (gha) of clause (iii) of the Notification dated 10.12.2002 issued by the Home (Special) Department, Government of Bihar by which Rule 529 of the then Bihar Jail Manual was substituted would cover the case of life convict who is serving sentence for committing an offence in which death is one of the punishments.
(ii) Whether a life convict whose case is covered under Section 433A Cr.P.C. may be granted pre-mature release on any ground whatsoever provided by way of a rule made by the State Government in form of a subordinate piece of legislation.
(iii) Whether the petitioner may be allowed to raise his claim for pre-mature release on the basis of the judgment of
The court directed that prisoners eligible under state policy for premature release must be evaluated fairly, without undue reliance on singular opinions, safeguarding against arbitrary treatment.
The court mandated the reconsideration of a convict's premature release proposal, emphasizing rehabilitation, age, and new evidence over the initial decision to reject it based on the severity of the....
(1) Power under Article 161 of Constitution can be exercised by State Governments, not by Governor on his own. Advice of appropriate Government binds Head of State.(2) Policy prevalent at the time of....
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